FHC Chief Judge returns Kanu’s case file to Nyako for continuation of trial
By Onyewuchi Ojinnaka
The Chief Judge of the Federal High Court (FHC), Justice John Tsoho, has returned the Federal Government’s case against the leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, back to Justice Binta Nyako.
Recall that Justice Nyako had, on September 24, recused herself from the trial of the detained Kanu, following oral applications by the IPOB leader and his counsel Aloy Ejimakor.
However, a reliable source at the FHC disclosed to TheNiche that the Chief Judge had reverted the file to Justice Nyako.
It was gathered that the decision of Justice Tsoho hinged on a condition that Kanu’s request must be formally presented before the court through a motion on notice, stating his reasons for not wanting to stand trial before Nyako.
“It is expected that the defendant will now duly serve the Federal Government, through the Office of the Attorney-General of the Federation and Minister of Justice, a copy of the motion for the prosecution’s response.
“The parties will address the court and a decision will be taken by the judge.”
It is on record that Justice Ahmed Mohammed and Justice Tsoho (before becoming the CJ) had presided over Kanu’s trial before it was assigned to Justice Nyako, following the defendant’s rejection of the two judges.
However, on the last adjourned date, shortly after the FG’s counsel Adegboyega Awomolo (SAN), informed the court that the matter was slated for continuation of trial, Ejimakor asked the court to adjourn the trial due to two pending appeals challenging the court’s jurisdiction.
Awomolo argued that a criminal trial cannot be stalled because of a pending appeal and that the defence should file for a stay of proceedings at the appellate court.
Justice Nyako then stated that the parties should not delay the matter, having ruled that the court would not attend to any applications until the end of the trial.
Ejimakor insisted it was inappropriate to continue with the trial when he had not adequately prepared his client for the defence.
He asserted that all court orders directing that his client should be allowed to prepare for his defence had allegedly been disobeyed.
Justice Nyako then directed that a prosecution witness be called.
While Ejimakor was addressing the court, Kanu stood up from his seat in the dock and ordered him (Ejimakor) to sit down in anger.
“Sit down! I say you should sit down!” Kanu screamed from the dock.
He insisted that the Supreme Court had ruled that his fundamental rights should not be violated by the detaining authority, especially regarding access to his lawyers.
Turning to Justice Nyako, the IPOB leader said: “My lord, I have no confidence in this court any more and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court.
“I can understand it if the DSS refuse to obey a court order, but for this court to refuse to obey an order of the Supreme Court is regrettable.
“I am asking you to recuse yourself from this case,” Kanu stated.
But Awomolo countered the argument on the Supreme Court’s judgement delivered in 2023, arguing that the apex court mandated the lower court to proceed with the hearing and determination of Kanu’s trial.
He stated that Kanu’s claims did not align with the Supreme Court’s verdict.
“This is clearly an incompetent and audacious observation,” Awomolo said.
The judge responded that, as far as she was concerned, there was nothing in the Supreme Court’s lead judgment that supported Kanu’s assertion.
She expressed surprise that Kanu would stand up and yell at his counsel.
“I hereby recuse myself from this case and remit the file to the Chief Judge for further necessary action,” Nyako stated.
The judge said she could not proceed with a trial where a defendant lacked confidence in the court. Awomolo expressed his appreciation to the judge, lamenting that it was a very unfortunate day.